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AIBU?

to expect some recompense at the very least?

21 replies

JuanPotatoTwo · 21/01/2016 11:59

In mid October I bought a new washing machine (which cost over £600). The men had no sooner driven off after installing it when I noticed the glass or plastic in the display panel was cracked. Rang them up, no problem, machine was replaced couple of days later.

Fast forward to beginning of December and the machine began leaking, seemingly from underneath. The engineers couldn't come out until 23 December to have a look, so I spent a couple of weeks trying to hand wash what I could, and using a laundrette (have 4 dc and thus loads of washing). The company gave me £20 refund towards these laundrette costs.

When the engineer eventually came out he found a hole about 2 inches wide in the back of the drum, which he said must have been caused by something like a coin or cufflinks, and because it was my fault I would have to pay for any repairs or replacements, and wasn't entitled to a refund.

This seems so unfair to me. I've had washing machines for 25 years, and have put loads of coins and cufflinks through them (inadvertently of course), and this has never once happened. I can't believe that a six week old machine that breaks that quickly is fit for purpose. The company just keep saying it's my fault and tough luck. I don't even know for sure that I did put a coin through the wash on this occasion - certainly can't remember doing so (although, tbh, it is entirely possible)

After 2 dodgy machines I didn't want the thing repaired anyway, so have had to buy another machine now. What do you all think?

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OurBlanche · 21/01/2016 12:03

But, being a sensible person you always check and empty pockets... so it is unlikely.

But a machine's drum won't be punctured by a coin - dad has never seen one and he fixed them for 30+ years

But the Sale of Goods Act cover this, as the machine is obviously unfit for purpose.

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JuanPotatoTwo · 21/01/2016 12:06

Thanks Blanche. I do check, really I do, but I can't deny coins/hairclips etc haven't got past me over the years. Genuinely not sure about this occasion. Glad to hear what your Dad says.

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OurBlanche · 21/01/2016 12:08

www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

findlaw.co.uk/law/consumer/sales_of_goods/after_you_buy/sale-of-goods-act.html

This is specific to white goods:

Faulty within 30 days?

The Consumer Rights Act 2015 has now given us the right for a full refund if an appliance is faulty within the first 30 days.

There is a paragraph about goods under 6 months, too. Go get them!

www.whitegoodshelp.co.uk/faulty-appliances-sale-of-goods-act/

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Gazelda · 21/01/2016 12:08

I think you'd find it difficult to argue that its unfit for purpose. Surely something must have caused the hole, otherwise it would have been leaking from day 1. And whatever caused the hole must have been hidden in a bundle of laundry you put in.

And you admit yourself that it is entirely possible that something like a coin or cufflink may have got in with the wash.

Just because your old machine was capable of surviving cufflinks etc, I don't think you can say that all machines should otherwise they are not fit for purpose?

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OurBlanche · 21/01/2016 12:10

Gazelda, the law says differently. That the quality of the goods should be such that they last for a reasonable time. So even if coins and cufflinks hit the drum with monotonous regularity it should last for longer than a month.

if it is under 6 months old and has a substantial fault you need to tell them they sold you a faulty product, which is in breach of the Sale of Goods Act. If it’s only a minor fault though it may be better to accept a repair, in fact they can insist on one if they can show it’s disproportionately expensive to replace it.

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JuanPotatoTwo · 21/01/2016 12:11

Have to go out now, but will return later. Thanks for replies/links so far

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Sallyingforth · 21/01/2016 12:13

It should be possible to tell how the damage occurred. If it was impact from a heavy coin the edges would be pushed outwards.
I would have thought the drum could withstand a blow like that, although if it's stainless steel that can be quite brittle.

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notquitehuman · 21/01/2016 12:28

Even if you did stick coins and cufflinks in the machine, it shouldn't be causing that level of damage. My machine has a little filter basket thing that collects odd bits such as hairclips and coins. If washing machines broke down that easily then none of us would ever get washing done!

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Theimpossiblegirl · 21/01/2016 12:32

I have had this happen- coins can cause holes in washing machine drums when they are stuck and repeatedly hitting the same spot as you use the machine. It's really frustrating but not uncommon. I do try to remember to check all pockets (and keep all coins I find) now.

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BurningBridges · 21/01/2016 12:36

I'd drop the coins and cufflinks bit, they've no proof you did that, and you don't even know yourself, its just been suggested to you. I never put things like that in even by mistake, but a repair guy could easily say something like that to me - they are just trying to get out of it.

Write to them say you have no idea what has happened as far as you are concerned there's a machine with a hole, they need to sort it.

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JuanPotatoTwo · 21/01/2016 19:20

Thank you for replies, and for your links OurBlanche. From reading those it seems my best course of action would be small claims but I think I'll try writing another letter before I go down that route. Any suggestions as to what to include in my letter will be gratefully received!

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honeyroar · 21/01/2016 19:28

I had damage like that to a washing machine once. My ex had left an Allen key in his pocket and it went halfway through the holes and caused damage. It was obvious though. I guess a hair clip may do similar?

I'm sorry, but I agree with Gazelda, it would have leaked originally if there was a fault, so it's most likely something you did accidentally and I guess they wouldn't be at fault.

They weren't very generous with their launderette cover original,y though.

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NotMeNotYouNotAnyone · 21/01/2016 19:45

I washed a China mug once Blush it was smashed to pieces but did no damage to the machine!

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JuanPotatoTwo · 21/01/2016 19:54

I just feel I can't possibly have damaged it badly enough in 6 weeks to create a hole in a metal drum.

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OurBlanche · 22/01/2016 09:22

Keep that in mind. You couldn't have. And if you did then it wasn't fit for purpose, manufacturing issues do occur.

Write that letter, quote whatever legislation the links suggest and tell them, plainly, that you do not accept any responsibility for the damage, they have a legal obligation to 'make you whole'.

Enjoy it. It's a new experience, if nothing else Smile

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FanSpamTastic · 22/01/2016 09:28

My experience of trying to make a sale of goods act claim with a large electrical retailer is that staff in the shop itself are not adequately trained on your rights and their obligations. However the same retailer has a department at head office who were very competent and who dealt with our claim quickly and efficiently. So my advice is write a letter to the Head office - address to "sale of goods act claims". Our claim was for a TV that stopped working after 18 months.

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sadwidow28 · 22/01/2016 09:34

It is amazing how quickly things can be sorted at Head Office when you email the CEO:

www.ceoemail.com/

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WhyCantIuseTheNameIWant · 22/01/2016 09:45

It could have been leaking from day one. But takes a while for the water to find its way to the front/floor...

Dear sir,

I purchased this machine from this company, on this date.

It had to be replaced due to the glass fault.

I thank you for replacing it promptly. But the replacement is also faulty.

It has had a slow leak, which was not noticed immediately.

This is not fit for purpous. (Sale of goods act...date)

I have had two of this brand of washer, both have been faulty. I have no faith in this washer brand any more.

I would like (refund or swap for different brand), by 'next week', as I have spent £xxx and can't wash any school uniforms.

I appreciate your company isn't at fault here, you are only an agent for 'washer company' and I look forward to your response in the next 7 days.

Love and kisses 'you'

Ok, maybe not love and kisses..

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ProfYaffle · 22/01/2016 09:53

Ring the Citizens Advice consumer helpline, they're really good (and free): 03454 04 05 06

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MackerelOfFact · 22/01/2016 10:07

When washing machines are new they usually have a screw or something that holds the drum in place while in transport. Was that definitely removed?

I'm not a washing machine expert by any stretch but surely a round coin would not gouge a hole in a metal drum?!

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magimedi · 22/01/2016 10:10

Totally wrong of them not to replace - I also doubt that a coin could make a hole in such a short time.

Go for 'em Pesky.

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